Sri. Ch. Durga Raghunadh Vs State of… — Mining and Natural Resources | Andhra Pradesh HC (2026)

Sri. Ch. Durga Raghunadh Vs State of… — Mining and Natural Resources | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition accorded; writ petition dismissed as withdrawn; no costs; miscellaneous petitions, if any, directed to stand closed.

Issue for consideration

Whether the notice issued by the 3rd respondent (letter No.1620/Q/2021 dated 01.12.2021) levying a Premium amount before issuing of Letter of Intent/LOI (Offer) for grant of lease, pursuant to amendments made in the Andhra Pradesh Mineral Concession Rules 1966 through G.O. Ms. No 65 dated 04.08.2021, is contrary to Section 15(3) of the Mines and Minerals (Development and Regulation) Act, 1957 and illegal, arbitrary, ultra vires, and against Articles 14, 246 and 265 of the Constitution of India, warranting quashing of the notice and processing of the petitioner's application under the pre-G.O. procedure.

Ratio / Principle

Permission sought by learned counsel for the petitioner (letter dated 03.02.2026) to withdraw the Writ Petition was accorded by the Court.

Key takeaways

The Writ Petition was dismissed as withdrawn, with no costs awarded; the merits of the challenge to the premium-demand notice were not adjudicated.ratio¶¶36
As a sequel, miscellaneous petitions, if any, pending were directed to stand closed.ratio¶¶38

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), W.P. No. 29837/2021, decided 05.02.2026 by Venkateswarlu Nimmagadda, J.: writ petition by Ch. Durga Raghunadh challenging the notice (letter No.1620/Q/2021 dated 01.12.2021) of the Deputy Director of Mines and Geology, Kakinada, demanding a Premium amount before issuance of Letter of Intent for grant of a Road Metal mining lease (4.98 Ha, Sy.No.80, Sarabhavaram Village, East Godavari District), contending the demand flowed from amendments to the Andhra Pradesh Mineral Concession Rules 1966 via G.O. Ms. No 65 (Industries & Commerce (Mines-III)) dated 04.08.2021 and violated Section 15(3) of the Mines and Minerals (Development and Regulation) Act, 1957 and Articles 14, 246 and 265 of the Constitution. On the petitioner's counsel's request (letter dated 03.02.2026), permission to withdraw was granted; the petition was dismissed as withdrawn, with no costs, and pending miscellaneous petitions (IA Nos. 1 and 2 of 2021) stood closed. No point on the merits was decided; the case has no citable ratio.

[3329]

APHC010496482021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29837/2021

Between:

SRI. CH. DURGA RAGHUNADH, S/O. VEERA BHADRA RAO (LATE), AGED ABOUT 34YEARS, D. NO. 1-39, ADDATEEGALA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT, A.P.

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI

THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT

THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, KAKINADA, EAST GODAVARI DISTRICT

THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, RAJAMAHENDRAVARAM, EAST GODAVARI

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue direction or order more particularly one in the nature of Writ of Mandamus declaring that Notice issued by the 3rd respondent in vide letter No.1620/Q/2021 dated 01.12.2021, for levying Premium amount before issuing of Letter of Intent/LIO(Offer) for grant of lease in pursuant to amendments made in Andhra Pradesh Miner Mineral Concession Rules 1966

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through G.O. Ms. No 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 is contrary to section 15(3) of the Mines and Minerals (Development and Regulation)Act, 1957and illegal, arbitrary, ultra virus, against articles 14, 246and 265 of the Constitution of India, and consequently set aside the impugned notice / letter No.1620/Q/2021 dated 01.12.2021 and to directing the respondent authorities to consider the application of the petitioner as per rules and procedure prevailed prior to the issuance of the G.O.Ms.No.65 of Industries and Commerce (Mines -III) department dated 04.08.2021 of the Government of Andhra Pradesh and pass

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent to process the mining lease application of the petitioner dated 09.03.2021 for grant of for Road Metal over an extent of 4.98Hectares in Sy.No.80 of Sarabhavaram Village, (Agency Area), Devipagnam Mandal, East Godavari District, for issuance of Letter of intent (LOI) without insisting for payment of premium amount, pending disposal of this writ petition and pass

IA NO: 2 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondent authorities not to take any coercive steps pursuant to the notice impugned proceedings vide letter No. 1620/Q/2021 dated 01.12.2021, for levying "Premium amount" before issuing of Letter of Intent/LIO(Offer) for grant of lease pending disposal of this writ petition and pass

Counsel for the Petitioner:

1.G N UMA RANI

Counsel for the Respondent(S):

1.GP FOR MINES AND GEOLOGY

The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 29837/2021

ORDER:

Learned counsel for the petitioner submitted a letter dated

03.02.2026 seeking permission of this Court to withdraw the Writ Petition.

Permission as sought for is accorded.

Accordingly, the Writ Petition is dismissed as withdrawn. No

costs.

As a sequel, miscellaneous petitions, if any, pending shall stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J

05.02.2026 TPS

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 29837/2021

05.02.2026 TPS